Hearsay

Hearsay refers to a statement made outside of a courtroom that is later offered in court to prove the truth of the matter asserted. It's essentially second-hand information, reliant on the truthfulness of someone who isn't present to be cross-examined. Because its reliability is often questionable, Hearsay is generally inadmissible as evidence in legal proceedings. There are, however, numerous exceptions to the Hearsay rule, designed to address situations where the circumstances suggest greater reliability.

Hearsay meaning with examples

• During the trial, the prosecution attempted to introduce a letter from the victim's neighbor, who claimed to have overheard the defendant confess. The defense objected, arguing that this was Hearsay because the neighbor was not present, and his testimony could not be directly challenged. The judge agreed, excluding the letter as evidence.
• The detective's testimony included statements about what informants had told him about the suspect's actions. The defense attorney immediately contested, saying this was Hearsay because the informants weren't present for questioning and the truth of their original statement wasn't verified.
• When the insurance company tried to prove how the damage occurred they presented a friend's account of what his other friend had said. Because of the 'double' level of communication it was thrown out as the original person could not be present.
• The defendant's lawyer wanted to use statements from a friend to show the defendant was in another location at the time of the crime. The prosecution objected because this was a second-hand account. Because of the unreliable nature of the information, it was considered inadmissible hearsay.